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Section 8.02. Developer's Option to Terminate. If the City fails to budget and <br /> appropriate funds for Grant Payments under this Agreement during any fiscal year of the City <br /> during the Term for reasons other than the Developer's non-compliance with this Agreement, the <br /> Developer, at its option, may terminate this Agreement by providing written notice thereof to the <br /> City. If the Developer elects to terminate the Agreement under this Section, the Developer and <br /> the City shall each be released of all further obligations under this Agreement, except that the City <br /> shall pay to the Developer any outstanding and unpaid Grant Payments properly due to the <br /> Developer prior to the date of termination for which the City has budgeted and appropriated funds <br /> during any previous fiscal year. <br /> Section 8.03. Remedies. Upon breach of any obligation or misrepresentation of facts <br /> under this Agreement, in addition to any other remedies expressly set forth in this Agreement with <br /> respect to such breach or misrepresentation, the aggrieved party shall have such remedies as are <br /> available in law or equity for breach of contract; provided, however, that no party shall be liable <br /> to any other party for lost profits, incidental or consequential damages. Notwithstanding the <br /> foregoing,the City, in entering into this Agreement does not waive its immunity from suit or any <br /> other limitations on its liability, contractual or otherwise, as granted by the Texas Constitution or <br /> applicable laws of the State of Texas. If any Grant Payments are made by the City before the City <br /> determines that Developer has breached the terms of this Agreement or misrepresented any facts <br /> relied upon by the City, Developer acknowledges and agrees that among the remedies available to <br /> the City is the right to recover any sums paid to Developer and Developer agrees that, in such <br /> event, it shall be liable to the City for reimbursement of any such sums. <br /> Section 8.04. Offset. The City may deduct from any Grant Payments, as an offset, any <br /> delinquent and unpaid fees, sums of money or ad valorem, sales or other taxes assessed and owed <br /> to or for the benefit of the City. <br /> 10 <br />